Social Security Disability Law: News and Facts

From start to finish, Social Security Disability claims can take from one to two years. Unfortunately, during this time it is possible for a claimant to pass away while his/her case is pending. What happens to his/her claim if this happens? Underpayments in disability claims follow very specific rules and differ depending of whether the claim is for SSD or SSI benefits. In very general terms, only a surviving spouse can claim SSI underpayments (in some situations, a parent can claim underpayments that are owed to a disabled child). The order of priority is laid out in  20 C.F.R. §§ 416.542 . In SSD claims, spouses, children, and the deceased's estate may be eligible to collect an underpayment. Priority for payment can be found at  20 C.F.R. §§ 404. 503 . If there is no one eligible to receive the underpayment, it will be necessary to dismiss the disability claim. If you have a loved one who passes away during the pendency of his/her Social Security Disability and you believe t...

Tips for applying for Social Security Disability Benefits with Covid-19 Long-Haulers:  Applying for Social Security Disability benefits can be overwhelming. Here are 9 tipsfor people considering to apply for Disability : 1. Obtain objective evidence.  Explore tests that help to explain symptoms: such as CPET, tilt-table testing, and neuropsychological testing. When getting a CPET, seek out practitioners who understand ME/ CFS  and use  Workwell’s 2-day test-retest protocol  to avoid misinterpretation of results. COVID affects many body systems, long-haulers may need testing from other specialties, depending on how the disease impacted different organs, especially the head, heart and lungs. 2. Talk to a disability lawyer.  Understanding a Social Security Disability is no easy task. Start talking with a lawyer before you file a new case so that it is done correctly. There are many forms that need to be completed. How you answer matters.  3. Be honest abo...

  These Behaviors Increase Your Dementia Risk, According to Doctors | Eat This Not That Diseases like Demenita and Alzheimers are increasing in our country alot because our population is living longer. Just looking around the area where I live, I have noticed in the past 5 years so many more assisted living and retirement home being built. Although there is a lot of research going on in these areas, there has not been a real break through that has changed the disease. We as a society do not live as healthy as we should. I know personally I could do a lot better. My wife's aunt is one of the smartest people I have ever met. She was a professor of anthropology. She was an economic wiz. She suffers from Dementia. She is a shell of her former self. It is very sad to see such a great woman become so empty.  If you need helping applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 20 years experience with Social Security Disability cas...

This is an interesting article on the research The Mayo Clinic  has performed regarding Covid-19 Long-Haulers. Many patients continue to have breathing problems long after testing negative for Covid-19.  It is interesting to note that many people who did not have severe Covid-19 symptoms, including being hospitalized, suffer more long term problems from Covid-19 than people who suffered severe symptoms and were hospitalized. I would think the opposite would be true; it would make more sense that people who suffered severe complications from Covid-19 would have lingering medical problems. Is it because people who had severe Covid-19 were given medications and those medications were able to combat some of the Long-Haulers lasting symptoms? It is important for people who continue to have problems after no longer being  Covid-19 positive to participate in these studies to help the medical community learn. Due to Covid-19 being relatively new  research is still in its inf...

 Even though you are vaccinated people can still get infected with Covid-19. Many of us will say big deal if we get Covid-19 when we are vaccinated it will not be severe and we will not die from it. That is probably true, but many people who had non-severe cases of Covid-19 are having long-haulers  problems many months after having Covid-19 and are having long term problems including fatigue and neurological issues.  Here’s How You Can Catch COVID Even If You’re Vaccinated | Eat This Not That If you need helping applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 20 years experience with Social Security Disability cases.

To get unemployment you are generally telling the government that you are ready, willing and able to work, you just can not find a job to hire you.  If your health prevents you from working any job your rightful remedy is Social Security Disability and not unemployment. So can you collect unemployment when you are applying for Social Security Disability.   It also depends on if your applying for SSD or SSI or both.  SSI is based on financial need, thus if your unemployment benefit is too high, you cannot receive this type of Social Security Disability.  Disability Insurance Benefits (SSD) depends on your work record and may be appropriate depending upon your age and your specific medical condition. In order to qualify for unemployment benefits, many states require a person to be available for full time work and capable of performing full time work . Before you can be approved for unemployment benefits, you will need to sign paperwork attesting that you are capab...

Many people think if I get Covid-19 or my child gets it, it will not be bad for us because I am healthy or my child is young. My child we recuperate quickly and live a normal life. Many families are debating whether to get their child vaccinated because children often to get get sick from Covid-19.  Children who have had Covid-19 without severe symptoms are developing long-haulers symptoms. Children are now missing school for long periods of time because of these medical problems. Some of the symptoms include: brain fog, depression, even hair loss. In this article I am attaching one doctor interviewed stated as much as 20% of the children develop some long-haulers symptoms after recovering from Covid-19. The added stress this puts on the whole family because a child is suffering is    ‘I Felt Like I Was Dying, for Real:’ Teen COVID Survivor Describes Long Haul Symptoms – NBC New York If you need helping applying for Social Security Disability or SSI, please contact me at ...